In 1998, Puni Naik was branded as a practitioner of witchcraft and brutally assaulted by Balku Oram and his co-accused. She died from her injuries. Nearly three decades later, in 2026, the Supreme Court dismissed the appeal against his conviction and life imprisonment — and in doing so, recorded observations that resonate far beyond the single case before it.
The Court's Observations
The Supreme Court expressed deep concern that practices like witch-hunting continue to persist in parts of Indian society. The Court observed that superstition, prejudice, and irrational fear continue to supersede the rule of law and constitutional morality — leaving vulnerable women exposed to brutal violence and social ostracisation.
The Court was particularly moved by the fact that the deceased's daughter had to witness her mother being killed in a brutal manner after being branded a witch — and that this kind of violence, rooted in complete irrationality, continues to claim lives even today.
The Legal Picture — Witch-Hunting in India
While there is no central legislation specifically criminalising witch-hunting, several states have enacted such laws — including Rajasthan, which enacted the Rajasthan Prevention of Witch-Hunting Act, 2015. Under this Act, accusing a person of being a witch, branding them, and practising witch-hunting are cognizable, non-bailable offences punishable with imprisonment and fine.
Beyond state-specific laws, murders and assaults motivated by witch-branding attract the full force of the Indian Penal Code (now BNS) — murder, grievous hurt, and abetment. The Supreme Court's endorsement of the life imprisonment in this case signals that courts will not take a lenient view of violence rooted in superstition.
The Rajasthan Prevention of Witch-Hunting Act, 2015 provides: calling a person a witch (Daayan) is punishable; physically harming a person accused of being a witch is punishable; causing death in the name of witch-hunting attracts the maximum punishment under the IPC/BNS for murder. Complainants can approach the police directly under this Act for FIR registration.
What Victims and Communities Must Know
In Rajasthan, the specific Act of 2015 applies. If someone is being accused of being a witch, or if you know of someone at risk — file a complaint with the police immediately under the Rajasthan Prevention of Witch-Hunting Act.
If a crime has already occurred, FIR under the BNS for murder, grievous hurt, or abetment must be registered. The Supreme Court has made clear that courts will not be lenient in these cases.
NGOs and legal aid organisations in Rajasthan can assist with emergency legal assistance for at-risk women in communities where witch-branding practices occur.
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